Complaints

• Initial Complaint

  03/11/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  This was a short-term rental with no lease. The owner, ****** *******, demanded a security deposit of $500 that she stated in writing was refundable upon vacating the unit in clean condition with no damage (documentation attached). I have now vacated the unit and have documented its clean and undamaged condition, but the owner is apparently refusing to refund my security deposit. She represented to me upon my leaving earlier than expected that she required 30 days' notice for return of the security deposit, but that was nowhere stated in writing nor did I agree to such a condition upon sending the deposit. She recently refused delivery of a certified letter requesting that she return my deposit.

  Business response

  03/14/2022

  ****** ******* ******** **** *** **** * ****** ** **** ** ********* ***** ***** ********* ****** *******  * *** *****

  We offer month to month occupancy w/o a lease - as such, any guest is required to provide one months notice if they intend to leave sooner than their previously specified date. And, conversely I can provide one months notice to a tenant who is not compatible with the mansion. However, during the first and only phone conversation that I had with **** prior to her arrival, I specified to her that if her plans should change all she needs to do is give me “one months notice” to get her security deposit back. She agreed and reiterated that she would be staying for 4 months. However, implicit in a month-to-month occupancy, w/o a lease, is that either party must give a one month notice. If not for this policy, guests could leave at anytime without me having the opportunity to rent the unit prior to their leaving. One month is usually sufficient time to find a new tenant. Our one month notice policy is verbally recited to every person who seeks housing - It is not something that I would forget to mention because we have never had a tenant sign a lease and the policy is explained when a guest inquires about our unique month-to-month housing opportunity. **** provided approximately one weeks notice and even that was only because I made an inquiry when she did not appear to be happy with the studio. Had I not directly asked her (face to face), she most likely would not have even given me one days notice. Additionally, the fact that she does not have anything in writing renders her complaint moot.
  I am not in violation of any housing ordinance - I did not fail to inform her of the required one month notice policy - Shadyside Rentals has been in good standing for 51 years. This is a disgruntled tenant who voiced her disappointment with the small refrigerator (which was clearly shown in the on-line photo) and smaller than expected studio. See photo at www.shadysiderentals.net. 

  Kind regards,

  ****** *******

  ****** *******

   

  Customer response

  03/15/2022

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

  In her reply, *** ******* confirms that nowhere in writing did she present the alleged 30 days' notice requirement, nor did I agree to any such requirement as a condition of sending the security deposit. I do not recall any conversation about 30 days' notice and even if it did take place, since no such requirement was stated or agreed to in writing as a condition of obtaining the deposit, it is not enforceable as far as I can tell. Her resort to impugning me as 'disgruntled' is nothing more than an attempt to disparage a customer someone simply seeking to protect their rights. The reason for my early departure was that the property was not at advertised--specifically, not 'quiet.'  I have an email from *** ******* confirming that other tenants had issues with noise from upper apartments as well, since the property is an older structure that resonates and footfalls. My unit was just over the laundry room which conducted noise from below.  *** ******* allowed tenants to do their laundry at all hours of the day or night with no restriction. She also put her property on the market while I was staying there, which introduced yet another element of disruption and noise for which she made no apology but instead ordered guests to acknowledge her commands for them to allow entry to a stream of prospective buyers, sometimes with less than 24 hours' notice. While she did ask the resident upstairs to stop their 3 am dancing, the fact remained that the residence was noisy, and the real estate showings were 'the last straw' for me. These disruptive conditions are the only reason that I had to leave early, and it is unreasonable to demand 30 days' advanced notification when the accommodation is simply unsatisfactory and not as advertised. In any case, there was no such written requirement. This means that I am owed my security deposit without further delay. Thank you for your assistance in this matter. 

   

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩